pncool01
09-24 02:45 PM
Hi
First off, I know that people responding on this forum are spending valuable time answering my questions and very much appreciate the time you spend reading and responding to my requests.
I have the following situation:
1. Currently working on H1B, renewed effective Sep 15 2009 for the next 3 years (i.e. expires 2012 Sep)
2. I-485 filed in Aug 2007, PD of Jan 2006 for EB-2 / India.
3. Received and used Advance Parole in the past year or so to re-enter US (for spouse and me)
4. Have a valid EAD card that will expire October 2010. If relevant, spouse does not work, although she has an EAD card with same validity.
5. I accepted a job offer and expect to start work on Oct 5 2009 with the new company. The new job has a very similar description as the previous and is about the same level as well but higher pay.
My questions are as follows:
1. Should I request the new company to 'transfer' my H1B? What are the benefits and drawbacks of transferring the H1B as against switching to the EAD? What is the filing requirement for the transfer in terms of deadlines (i.e. do I need to have it filed on or before or within certain number of days after Oct 5?)
2. Will I be in violation of the AC-21 requirements ? What will I need to do to continue my GC process. The new employer has agreed to support the GC process and will do what is required.
3. In all this switchover, what documentation should I be requesting from my current employer's law firm? This is a big law firm and may take a few days to respond.
I need to be on point and keep pushing with the new employer as well as with the old one to make sure my legal status is not affected in the US. As such any additional tips / suggestions you have will be great too.
I have tried to provide as much detail as possible but please do let me know if I have missed anything. Again, thank you for your responses.
-P
First off, I know that people responding on this forum are spending valuable time answering my questions and very much appreciate the time you spend reading and responding to my requests.
I have the following situation:
1. Currently working on H1B, renewed effective Sep 15 2009 for the next 3 years (i.e. expires 2012 Sep)
2. I-485 filed in Aug 2007, PD of Jan 2006 for EB-2 / India.
3. Received and used Advance Parole in the past year or so to re-enter US (for spouse and me)
4. Have a valid EAD card that will expire October 2010. If relevant, spouse does not work, although she has an EAD card with same validity.
5. I accepted a job offer and expect to start work on Oct 5 2009 with the new company. The new job has a very similar description as the previous and is about the same level as well but higher pay.
My questions are as follows:
1. Should I request the new company to 'transfer' my H1B? What are the benefits and drawbacks of transferring the H1B as against switching to the EAD? What is the filing requirement for the transfer in terms of deadlines (i.e. do I need to have it filed on or before or within certain number of days after Oct 5?)
2. Will I be in violation of the AC-21 requirements ? What will I need to do to continue my GC process. The new employer has agreed to support the GC process and will do what is required.
3. In all this switchover, what documentation should I be requesting from my current employer's law firm? This is a big law firm and may take a few days to respond.
I need to be on point and keep pushing with the new employer as well as with the old one to make sure my legal status is not affected in the US. As such any additional tips / suggestions you have will be great too.
I have tried to provide as much detail as possible but please do let me know if I have missed anything. Again, thank you for your responses.
-P
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sunny1000
09-06 10:13 PM
Hello,
I have been approved for a new H1 visa for 2 years - Consulate Case. My previous visa extension was denied & so applied for a new one with a different company in a different state. I m trying to book an appointment online for the interview in which I have to fill up DS 156 form. There is one question # 24, where it is asking me write the address where I will stay. At present, I have not decided on address as I don't know stamping would be approved or not. So what do I need to write there. I presently stay in a different stay where I own a house.
Lawyers & experienced people pls. help out as soon as possible... I am running out of time...
Thanx In advance
The address should be the one which you are currently staying (on file with USCIS when you filed for GC or notified using AR-11).
I have been approved for a new H1 visa for 2 years - Consulate Case. My previous visa extension was denied & so applied for a new one with a different company in a different state. I m trying to book an appointment online for the interview in which I have to fill up DS 156 form. There is one question # 24, where it is asking me write the address where I will stay. At present, I have not decided on address as I don't know stamping would be approved or not. So what do I need to write there. I presently stay in a different stay where I own a house.
Lawyers & experienced people pls. help out as soon as possible... I am running out of time...
Thanx In advance
The address should be the one which you are currently staying (on file with USCIS when you filed for GC or notified using AR-11).
ExtendedLEave
12-27 05:23 PM
My husband is currently employed on a H1 visa and I am on a H4 visa. Our current visas(H1 and H4) are valid till January 2013. We are Candadian permanent residents who plan on ultimately applying for green cards and settling down in the US. I am a newbie in this arena and have a few questions that I tried searching answers for but couldn't find anything conclusive and would appreciate any answers
1) For various reasons can I stay back in the country for 4-6 months, while my husband goes back to Canada on the extended unpaid leave for the 4-6 months and comes back? Or if I leave with him now, can I come back after 6 months and stay here for 4-6 months? Are there any rules/regulations that prevent me from doing this. Please note that we live across the border in Canada and travel back/forth via car.
2) My hubby is planning on taking an extended unpaid leave from work( for personal and not health related reasons) and his employer is OK with that. This could be as short as 3 months and could be as long as a year. During this time we will be going back to Canada. Do you know if this will create any issues with immigration currently or in the future? How long can this leave exist?
3) If my husband ultimately comes back to a different job after this unpaid leave, will his chances of getting a visa for that new job be affected?
4) If he wants to take an extended leave do we need to leave the country? Can we take an extended leave and stay in the country? Will we be violating any rules/regulations if we do that?
5) Lets say we want to come back after 6 months, do we need to come back together?
6) If we are in Canada for the next 6 months, can we keep taking weekend trips to visit our families in US?
Would appreciate any information that anyone can provide on this.
Thanks,
ExtendedLeaveApplicant
1) For various reasons can I stay back in the country for 4-6 months, while my husband goes back to Canada on the extended unpaid leave for the 4-6 months and comes back? Or if I leave with him now, can I come back after 6 months and stay here for 4-6 months? Are there any rules/regulations that prevent me from doing this. Please note that we live across the border in Canada and travel back/forth via car.
2) My hubby is planning on taking an extended unpaid leave from work( for personal and not health related reasons) and his employer is OK with that. This could be as short as 3 months and could be as long as a year. During this time we will be going back to Canada. Do you know if this will create any issues with immigration currently or in the future? How long can this leave exist?
3) If my husband ultimately comes back to a different job after this unpaid leave, will his chances of getting a visa for that new job be affected?
4) If he wants to take an extended leave do we need to leave the country? Can we take an extended leave and stay in the country? Will we be violating any rules/regulations if we do that?
5) Lets say we want to come back after 6 months, do we need to come back together?
6) If we are in Canada for the next 6 months, can we keep taking weekend trips to visit our families in US?
Would appreciate any information that anyone can provide on this.
Thanks,
ExtendedLeaveApplicant
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gccovet
01-26 07:07 AM
can someone pls help me with a few question on re entry permit. i will be going back to us after 1year 8months. i had applied for re entry perit in oct 2007 - i left us in may 2008 - my re entry permit is valid till july 2010. i will be going to us in feb 2010. my question is will i have problem because i left us before i got my permit. my husband who was still in us got my permit for me.
As far as my understanding goes, as long as you applied for the permit while in US, you are good. It should not matter if you got your approval after you left the country.
Please do check with others as well.
GCCovet.
As far as my understanding goes, as long as you applied for the permit while in US, you are good. It should not matter if you got your approval after you left the country.
Please do check with others as well.
GCCovet.
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rolrblade
03-20 10:28 AM
Hello All:
We got our FP done yesterday at the Atlanta ASC and thought I would share the experience and procedures incase anyone was interested or looking for this info.
Received FP notice on 3/5/08 for FP appointment on 3/19/08 11:00am at 1255 Collier Road, Atlanta, GA 30318.
We reached the ASC on time. At the door the security guard checks the FP notice and verifies your identity with either a Passport, GC or DL. We only showed our DL and it was fine. NO BAGS and NO CELLPHONES allowed. Was asked to leave my wife's bag in the car. Also, they will not allow ANYONE except the person with appointment in the office. I saw spouses who didnt have appointment waiting outside.
You then go into the office (which is basically a BIG room) with seats and fingerprint stations and the FP notice and ID was checked again and given a form to fill out. Simple form, nothing different. All the information needed on the form (A#, Receipt No.) is on your FP notice. You fill out the form, return it and get a ticket to wait in line. The receptionist also Stamped the FP Notice at this point. We saw approx 80 people all with the same appointment time.
When your number is called or shows up on the counter, they look at your documents again and took us to a FP station. FP Notice was scanned in and was asked to verify the spelling of my name and Address. Then they took FP of all 10 fingers, then again of Index Finger (both hands) and the again of both Thumbs. He saw the FP on the monitor and retook some of the FP again. After that, Picture was taken. The FP Technician then signed the FP notice on the stamp given earlier.
The entire process from before entering to exiting took about 1.5 hours. I would recommend you take a book or magazine to pass some time.
Sorry for the long post but just thought someone might be looking for this information. I am not aware if any of this information for the other centers.
Then when you no., is called.
We got our FP done yesterday at the Atlanta ASC and thought I would share the experience and procedures incase anyone was interested or looking for this info.
Received FP notice on 3/5/08 for FP appointment on 3/19/08 11:00am at 1255 Collier Road, Atlanta, GA 30318.
We reached the ASC on time. At the door the security guard checks the FP notice and verifies your identity with either a Passport, GC or DL. We only showed our DL and it was fine. NO BAGS and NO CELLPHONES allowed. Was asked to leave my wife's bag in the car. Also, they will not allow ANYONE except the person with appointment in the office. I saw spouses who didnt have appointment waiting outside.
You then go into the office (which is basically a BIG room) with seats and fingerprint stations and the FP notice and ID was checked again and given a form to fill out. Simple form, nothing different. All the information needed on the form (A#, Receipt No.) is on your FP notice. You fill out the form, return it and get a ticket to wait in line. The receptionist also Stamped the FP Notice at this point. We saw approx 80 people all with the same appointment time.
When your number is called or shows up on the counter, they look at your documents again and took us to a FP station. FP Notice was scanned in and was asked to verify the spelling of my name and Address. Then they took FP of all 10 fingers, then again of Index Finger (both hands) and the again of both Thumbs. He saw the FP on the monitor and retook some of the FP again. After that, Picture was taken. The FP Technician then signed the FP notice on the stamp given earlier.
The entire process from before entering to exiting took about 1.5 hours. I would recommend you take a book or magazine to pass some time.
Sorry for the long post but just thought someone might be looking for this information. I am not aware if any of this information for the other centers.
Then when you no., is called.
martinvisalaw
07-01 02:00 PM
You must be actually in H-1B status in order to use the H-1B portability provisions. This is what allows you to start with Company B once their H-1B petition is filed, rather than wait until the petition is approved. To use this, you need to get into H-1B status for Company A 9either through a COS petition or by entering the US in H-1B status. I don't recommend that latter option if you know that you will be changing employers as soon as you enter the US.
Alternatively, you could change from Co. A L-1 to Co. B H-1B, but you cannot start working for Co. B till the COS is approved.
Alternatively, you could change from Co. A L-1 to Co. B H-1B, but you cannot start working for Co. B till the COS is approved.
more...
b2visahelp
06-15 07:37 PM
Hi,
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visas again?
2. What can I do to support the fact that they will definitely go back to their country? Should we write a letter stating the reasons why they won't immigrate to US?
3. My parents are taking care of my elderly grandfather, 80 years old. Should they state this for a reason they'll come back, and also bring his photo?
4. Will they get a better chance if they leave all of my 3 younger brothers at home?
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visas again?
2. What can I do to support the fact that they will definitely go back to their country? Should we write a letter stating the reasons why they won't immigrate to US?
3. My parents are taking care of my elderly grandfather, 80 years old. Should they state this for a reason they'll come back, and also bring his photo?
4. Will they get a better chance if they leave all of my 3 younger brothers at home?
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
2010 Megan Fox | CELEBRITY TATTOOS
Blog Feeds
11-09 03:40 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
more...
Efrain
02-23 06:29 AM
There Should be some link like this where general public can spill its views out.
This forum provides such platform. Hope giving comments and arguing would not go unanswered.
This forum provides such platform. Hope giving comments and arguing would not go unanswered.
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wandmaker
01-25 04:36 PM
Query on behalf of a friend -
What are the timelines for I-539 Change of Status for H1 to H4?
Is premium processing option available for the this change of status?
Friend worked till last week of pregnancy (clean H1 history before). Her 12 weeks of maternity leave is ending soon and looks like the family needs to pay attention to child's condition and she has no choice but to become a full-time mom (another full-time job in itself though). She was in status during her maternity leave (some part of which was covered by STD insurance, remaining unpaid leave totaling 12 weeks under FMLA). She needs to change her status from H1 to H4.
- File for H1-H4 ASAP with in the unpaid leave window
- No premium processing available for H4
What are the timelines for I-539 Change of Status for H1 to H4?
Is premium processing option available for the this change of status?
Friend worked till last week of pregnancy (clean H1 history before). Her 12 weeks of maternity leave is ending soon and looks like the family needs to pay attention to child's condition and she has no choice but to become a full-time mom (another full-time job in itself though). She was in status during her maternity leave (some part of which was covered by STD insurance, remaining unpaid leave totaling 12 weeks under FMLA). She needs to change her status from H1 to H4.
- File for H1-H4 ASAP with in the unpaid leave window
- No premium processing available for H4
more...
amitga
12-19 02:46 PM
Is it also possible to port the PD in this case.
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immig_b2_0609
03-15 11:22 PM
Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
more...
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dimpi
12-23 11:33 AM
its down until monday for maintenance (srew ups)
sainta claus came and unplugged their systems as it was spitting too much junk.
its mentioned on uscis home page under technical(screw up) alerts
merry x-mas
sainta claus came and unplugged their systems as it was spitting too much junk.
its mentioned on uscis home page under technical(screw up) alerts
merry x-mas
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samswas
06-13 02:38 PM
Hi,
Applied for EAD renewal on 6/11/2008. Should I get it for 2 years or 1 year.
My understanding is everything that gets processed after 6/30/2008, will be for 2 years.
My PD is 6/12/2006, EB2 - which is not current right now, and I don't expect it to be current, until my I-765 gets processed (Well if it becomes current I guess I don't need 2 years :) )
Thanks for any comments/thoughts!
Applied for EAD renewal on 6/11/2008. Should I get it for 2 years or 1 year.
My understanding is everything that gets processed after 6/30/2008, will be for 2 years.
My PD is 6/12/2006, EB2 - which is not current right now, and I don't expect it to be current, until my I-765 gets processed (Well if it becomes current I guess I don't need 2 years :) )
Thanks for any comments/thoughts!
more...
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webm
06-10 11:22 AM
This is really a good news!! :)
BTW,what about AP??
Mine was approved recently..UH just missed the boat this yr :(
I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there.
BTW,what about AP??
Mine was approved recently..UH just missed the boat this yr :(
I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there.
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anita chatterjee
02-28 01:16 PM
Does anyone know of UAE rules of persons traveling with AP to india from USA and stopping at dubai for 3 days.?
more...
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dreamgc_real
04-16 01:27 PM
I don't think uscis would process any application without money:D
When you did the first time did you pay?
When you did the first time did you pay?
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bushman06
10-08 02:59 PM
This article was posted on: April 26, 2001. Its ancient news. But would be interesting to see how much or how little things have changed since then.
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gc_chahiye
10-01 02:58 PM
Hi ,
I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.
I have the following qns:
a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.
b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?
Thanks
yes to all questions.
I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.
I have the following qns:
a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.
b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?
Thanks
yes to all questions.
funguy29
11-25 04:25 PM
Thank you for replying. One more follow up question: Is acting without pay considered work and hence a violation ? Thanks in advance.
gc750
01-02 06:37 PM
Hello Freinds,
I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).
The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.
I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.
One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?
Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.
Anyone please share your experience in the above situation........
Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797
Any suggestions will be greatly appreciated.
I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).
The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.
I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.
One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?
Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.
Anyone please share your experience in the above situation........
Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797
Any suggestions will be greatly appreciated.
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